- Law Office of Rochelle S. Berliner
- Criminal Defense
- Criminal Record Sealing / Expungement
- Record Sealing for a 10-Year Conviction
Record Sealing for a 10-Year Conviction
Enacted only last October, New York's Criminal Procedure Statute § 160.59 gives New York a new, expansive record sealing law. The new law allows an individual who has been convicted of up to two eligible crimes to petition a court to seal such convictions from his or her criminal record after a ten-year waiting period.
A person that has been convicted of a crime that occurred at least ten to 7 years ago should contact an experienced New York attorney to find out more about sealing a criminal record in Queens, NY. Some crimes, such as class A felonies or sex offenses, cannot be sealed under NY § 160.59.
Record Sealing Attorney in Queens, New York
Have you been convicted of a crime and are seeking to have your record sealed? It is important to find an experienced and knowledgeable attorney to assist you.
Law Office of Rochelle S. Berliner has handled hundreds of New York criminal cases, defending clients in Queens County, Kings County, Bronx County, and New York County. Criminal records can cause a series of problems in a person's life, from preventing a person from securing a job or obtaining housing.
If you need legal guidance with sealing a criminal record, Law Office of Rochelle S. Berliner can give you the help you both need and deserve.
Call Law Office of Rochelle S. Berliner today at 718-261-5600 to schedule a consolation to discuss options to seal a New York criminal record.
- New York Record Sealing Statute § 160.59
- Eligibility and Procedure of § 160.59
- Record Sealing Standard and Effect
- Additional Resources
New York Statute § 160.59 took effect in October 2017 and it changed a number of previous regulations regarding record sealing under New York criminal procedure. Record sealing is now available for misdemeanors and felonies, whereas prior to the enactment of § 160.59, sealing was only available for non-conviction records and drug treatment dispositions.
A court may seal two different convictions, but only after a ten-year waiting period. Only one of the two convictions, however, can be a felony. Sex offenses, violent offenses, and class A felonies do not qualify for sealing.
In addition, the New York Human Rights Law has been amended to restrict public and private employers, and occupational licensing agencies from asking about a sealed record, or taking unfavorable action against a sealed record.
Such liberation from the weight of a criminal conviction has the ability to open doors for many rehabilitated individuals who are attempting to move past a criminal conviction.
Under the NY Sealing Statute, a person can seek to seal a record for up to two eligible convictions. If multiple crimes occurred as part of one single criminal transaction, then it will be counted as a single conviction.
Ineligible offenses include sex offenses, violent felonies, and class A felonies. A person cannot seek to seal any marks on a criminal record if he or she has been convicted of more than two crimes, or more than one felony.
The main facet of this statute concerns the ten-year waiting period that a person must observe before applying to seal a criminal record. The waiting period begins from the date that the sentence of the crime that is requested to be sealed was imposed, or the date that the applicant was release from incarceration for the crime that is requested to be sealed.
Those who are registered as sex offenders or have exceeded the allowed number of sealed records requests in New York are not eligible to seal their criminal records. In addition, those with pending charges, or those who have been convicted of an additional crime during the sealing process are ineligible to seal a criminal record as well.
To seal a record, a person must apply to the court where the more serious crime was convicted, or the most recent court, if the crimes are of the same class. The applicant will have to provide a sworn statement, detailing reasons for seeking the record seal and why the request should be granted by the court.
If the applicant is seeking to seal one criminal record, a sentencing judge will be assigned. If an individual is seeking to seal two records, then the county or the New York Supreme Court will consider the application. The District Attorney must also be served and will have 45 days to object to the application. Should no objection be made, the court can decide the application without a hearing.
After the sealing application has reached the sentencing judge, county, or Supreme Court, the following factors will be considered:
- Amount of time since last conviction;
- Seriousness and circumstances of the offense and other convictions, including whether the crimes are eligible offenses;
- The character of the applicant, including measures towards rehabilitations and participation in community programs;
- Statements made by victims of crime or crimes applicant is seeking to be sealed;
- The impact the record sealing would make upon the applicant's rehabilitation and societal integration;
- The impact the record sealing would make to the public's safety and confidence.
Should the record seal request be granted, then all of the official records related to the arrest, prosecution, conviction, including all copies filed with the division of criminal justice services, or any court, will be sealed.
This means that most people, public agencies, and private agency will not have legal access to the criminal files; excluding federal and state law enforcement, corrections agencies, state agencies responsible for issuing firearms, and the FBI.
It is important to note that a sealed conviction can also be used against an individual who is later charged with a different crime.
Collateral Consequences Resource Center – The CCRC is a non-profit organization that promotes public discussion of the consequences of conviction, legal restrictions, and the social stigma those with criminal records face. This informative webpage offers readers a chance to learn about New York Statute § 160.59.
New York State Law | Article 160 – This official website of New York's consolidated laws covers every state statute from criminal procedure law to penal code and civil rights laws. Visit this webpage to learn more about article 160 and criminal identification records and statistics.
Find an Attorney for Record Sealing in Queens County, New York
If you or a loved one has been convicted of a crime and wants to have a criminal record sealed, then contact an experienced New York criminal defense attorney to learn more.
Criminal records can have lasting impacts that limit a person's future prospects such as job opportunities or housing availabilities. Law Office of Rochelle S. Berliner believe in second changes and knows that a mistake made should not weigh on a person's shoulders forever.
Rochelle Berliner has defended hundred of clients, ensuring a dedicated approach to every detail of a person's case. Law Office of Rochelle S. Berliner can help you, should you be located anywhere in Queens County, King's County, New York County, and Bronx County.
Call Law Office of Rochelle S. Berliner today at 718-261-5600 to schedule a free consultation and learn more about your legal options to have your criminal record sealed.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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